UN Security Council Resolution 1970, Libya

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Resolution

This UN Security Council Resolution regarding peace and security in Libya was adopted on February 26, 2011.

The Security Council,

Expressing grave concern at the situation in the Libyan Arab Jamahiriya andcondemning the violence and use of force against civilians,

Deploring the gross and systematic violation of human rights, including therepression of peaceful demonstrators, expressing deep concern at the deaths ofcivilians, and rejecting unequivocally the incitement to hostility and violenceagainst the civilian population made from the highest level of the Libyangovernment,

Welcoming the condemnation by the Arab League, the African Union, and theSecretary General of the Organization of the Islamic Conference of the seriousviolations of human rights and international humanitarian law that are beingcommitted in the Libyan Arab Jamahiriya,

Taking note of the letter to the President of the Security Council from thePermanent Representative of the Libyan Arab Jamahiriya dated 26 February 2011,Welcoming the Human Rights Council resolution A/HRC/RES/S-15/1 of25 February 2011, including the decision to urgently dispatch an independentinternational commission of inquiry to investigate all alleged violations ofinternational human rights law in the Libyan Arab Jamahiriya, to establish the factsand circumstances of such violations and of the crimes perpetrated, and wherepossible identify those responsible,

Considering that the widespread and systematic attacks currently taking placein the Libyan Arab Jamahiriya against the civilian population may amount to crimesagainst humanity,

Expressing concern at the plight of refugees forced to flee the violence in theLibyan Arab Jamahiriya,

Expressing concern also at the reports of shortages of medical supplies to treatthe wounded,

Recalling the Libyan authorities’ responsibility to protect its population,Underlining the need to respect the freedoms of peaceful assembly and ofexpression, including freedom of the media,

Stressing the need to hold to account those responsible for attacks, includingby forces under their control, on civilians,

Recalling article 16 of the Rome Statute under which no investigation orprosecution may be commenced or proceeded with by the International CriminalCourt for a period of 12 months after a Security Council request to that effect,

Expressing concern for the safety of foreign nationals and their rights in theLibyan Arab Jamahiriya,

Reaffirming its strong commitment to the sovereignty, independence, territorialintegrity and national unity of the Libyan Arab Jamahiriya.

Mindful of its primary responsibility for the maintenance of international peaceand security under the Charter of the United Nations,

Acting under Chapter VII of the Charter of the United Nations, and takingmeasures under its Article 41,

1. Demands an immediate end to the violence and calls for steps to fulfil thelegitimate demands of the population;

2. Urges the Libyan authorities to:

(a) Act with the utmost restraint, respect human rights and internationalhumanitarian law, and allow immediate access for international human rightsmonitors;(b) Ensure the safety of all foreign nationals and their assets and facilitatethe departure of those wishing to leave the country;(c) Ensure the safe passage of humanitarian and medical supplies, andhumanitarian agencies and workers, into the country; and(d) Immediately lift restrictions on all forms of media

3. Requests all Member States, to the extent possible, to cooperate in theevacuation of those foreign nationals wishing to leave the country;ICC referral

4. Decides to refer the situation in the Libyan Arab Jamahiriya since15 February 2011 to the Prosecutor of the International Criminal Court;

5. Decides that the Libyan authorities shall cooperate fully with and provideany necessary assistance to the Court and the Prosecutor pursuant to this resolutionand, while recognizing that States not party to the Rome Statute have no obligationunder the Statute, urges all States and concerned regional and other internationalorganizations to cooperate fully with the Court and the Prosecutor;

6. Decides that nationals, current or former officials or personnel from aState outside the Libyan Arab Jamahiriya which is not a party to the Rome Statute ofthe International Criminal Court shall be subject to the exclusive jurisdiction of thatState for all alleged acts or omissions arising out of or related to operations in theLibyan Arab Jamahiriya established or authorized by the Council, unless suchexclusive jurisdiction has been expressly waived by the State;

7. Invites the Prosecutor to address the Security Council within two monthsof the adoption of this resolution and every six months thereafter on actions takenpursuant to this resolution;

8. Recognizes that none of the expenses incurred in connection with thereferral, including expenses related to investigations or prosecutions in connectionwith that referral, shall be borne by the United Nations and that such costs shall beborne by the parties to the Rome Statute and those States that wish to contributevoluntarily;

Arms embargo

9. Decides that all Member States shall immediately take the necessarymeasures to prevent the direct or indirect supply, sale or transfer to the Libyan ArabJamahiriya, from or through their territories or by their nationals, or using their flagvessels or aircraft, of arms and related materiel of all types, including weapons andammunition, military vehicles and equipment, paramilitary equipment, and spareparts for the aforementioned, and technical assistance, training, financial or otherassistance, related to military activities or the provision, maintenance or use of anyarms and related materiel, including the provision of armed mercenary personnelwhether or not originating in their territories, and decides further that this measureshall not apply to:

(a) Supplies of non-lethal military equipment intended solely forhumanitarian or protective use, and related technical assistance or training, asapproved in advance by the Committee established pursuant to paragraph 24 below;(b) Protective clothing, including flak jackets and military helmets,temporarily exported to the Libyan Arab Jamahiriya by United Nations personnel,representatives of the media and humanitarian and development workers andassociated personnel, for their personal use only; or(c) Other sales or supply of arms and related materiel, or provision ofassistance or personnel, as approved in advance by the Committee;

10. Decides that the Libyan Arab Jamahiriya shall cease the export of allarms and related materiel and that all Member States shall prohibit the procurementof such items from the Libyan Arab Jamahiriya by their nationals, or using theirflagged vessels or aircraft, and whether or not originating in the territory of theLibyan Arab Jamahiriya;

11. Calls upon all States, in particular States neighbouring the Libyan ArabJamahiriya, to inspect, in accordance with their national authorities and legislationand consistent with international law, in particular the law of the sea and relevantinternational civil aviation agreements, all cargo to and from the Libyan ArabJamahiriya, in their territory, including seaports and airports, if the State concernedhas information that provides reasonable grounds to believe the cargo contains itemsthe supply, sale, transfer, or export of which is prohibited by paragraphs 9 or 10 ofthis resolution for the purpose of ensuring strict implementation of those provisions;

12. Decides to authorize all Member States to, and that all Member Statesshall, upon discovery of items prohibited by paragraph 9 or 10 of this resolution,seize and dispose (such as through destruction, rendering inoperable, storage ortransferring to a State other than the originating or destination States for disposal)items the supply, sale, transfer or export of which is prohibited by paragraphs 9 or10 of this resolution and decides further that all Member States shall cooperate insuch efforts;

13. Requires any Member State when it undertakes an inspection pursuant toparagraph 11 above, to submit promptly an initial written report to the Committeecontaining, in particular, explanation of the grounds for the inspections, the resultsof such inspections, and whether or not cooperation was provided, and, if prohibiteditems for transfer are found, further requires such Member States to submit to theCommittee, at a later stage, a subsequent written report containing relevant detailson the inspection, seizure, and disposal, and relevant details of the transfer,including a description of the items, their origin and intended destination, if thisinformation is not in the initial report;

14. Encourages Member States to take steps to strongly discourage theirnationals from travelling to the Libyan Arab Jamahiriya to participate in activitieson behalf of the Libyan authorities that could reasonably contribute to the violationof human rights;

Travel ban

15. Decides that all Member States shall take the necessary measures toprevent the entry into or transit through their territories of individuals listed inAnnex I of this resolution or designated by the Committee established pursuant toparagraph 24 below, provided that nothing in this paragraph shall oblige a State torefuse its own nationals entry into its territory;

(a) Where the Committee determines on a case-by-case basis that such travelis justified on the grounds of humanitarian need, including religious obligation;(b) Where entry or transit is necessary for the fulfilment of a judicialprocess;(c) Where the Committee determines on a case-by-case basis that anexemption would further the objectives of peace and national reconciliation in theLibyan Arab Jamahiriya and stability in the region; or(d) Where a State determines on a case-by-case basis that such entry ortransit is required to advance peace and stability in the Libyan Arab Jamahiriya andthe States subsequently notifies the Committee within forty-eight hours after makingsuch a determination;

Asset freeze

17. Decides that all Member States shall freeze without delay all funds, otherfinancial assets and economic resources which are on their territories, which areowned or controlled, directly or indirectly, by the individuals or entities listed inannex II of this resolution or designated by the Committee established pursuant toparagraph 24 below, or by individuals or entities acting on their behalf or at theirdirection, or by entities owned or controlled by them, and decides further that allMember States shall ensure that any funds, financial assets or economic resourcesare prevented from being made available by their nationals or by any individuals orentities within their territories, to or for the benefit of the individuals or entitieslisted in Annex II of this resolution or individuals designated by the Committee;

18. Expresses its intention to ensure that assets frozen pursuant toparagraph 17 shall at a later stage be made available to and for the benefit of thepeople of the Libyan Arab Jamahiriya;

19. Decides that the measures imposed by paragraph 17 above do not applyto funds, other financial assets or economic resources that have been determined byrelevant Member States:

(a) To be necessary for basic expenses, including payment for foodstuffs,rent or mortgage, medicines and medical treatment, taxes, insurance premiums, andpublic utility charges or exclusively for payment of reasonable professional fees andreimbursement of incurred expenses associated with the provision of legal servicesin accordance with national laws, or fees or service charges, in accordance withnational laws, for routine holding or maintenance of frozen funds, other financialassets and economic resources, after notification by the relevant State to theCommittee of the intention to authorize, where appropriate, access to such funds,other financial assets or economic resources and in the absence of a negativedecision by the Committee within five working days of such notification;(b) To be necessary for extraordinary expenses, provided that suchdetermination has been notified by the relevant State or Member States to theCommittee and has been approved by the Committee; or(c) To be the subject of a judicial, administrative or arbitral lien or judgment,in which case the funds, other financial assets and economic resources may be usedto satisfy that lien or judgment provided that the lien or judgment was entered intoprior to the date of the present resolution, is not for the benefit of a person or entitydesignated pursuant to paragraph 17 above, and has been notified by the relevantState or Member States to the Committee;

20. Decides that Member States may permit the addition to the accountsfrozen pursuant to the provisions of paragraph 17 above of interests or otherearnings due on those accounts or payments due under contracts, agreements orobligations that arose prior to the date on which those accounts became subject tothe provisions of this resolution, provided that any such interest, other earnings andpayments continue to be subject to these provisions and are frozen;

21. Decides that the measures in paragraph 17 above shall not prevent adesignated person or entity from making payment due under a contract entered intoprior to the listing of such a person or entity, provided that the relevant States havedetermined that the payment is not directly or indirectly received by a person orentity designated pursuant to paragraph 17 above, and after notification by therelevant States to the Committee of the intention to make or receive such paymentsor to authorize, where appropriate, the unfreezing of funds, other financial assets oreconomic resources for this purpose, 10 working days prior to such authorization;

Designation criteria

22. Decides that the measures contained in paragraphs 15 and 17 shall applyto the individuals and entities designated by the Committee, pursuant to paragraph24 (b) and (c), respectively;

(a) Involved in or complicit in ordering, controlling, or otherwise directing,the commission of serious human rights abuses against persons in the Libyan ArabJamahiriya, including by being involved in or complicit in planning, commanding,ordering or conducting attacks, in violation of international law, including aerialbombardments, on civilian populations and facilities; or(b) Acting for or on behalf of or at the direction of individuals or entitiesidentified in subparagraph (a).

23. Strongly encourages Member States to submit to the Committee names ofindividuals who meet the criteria set out in paragraph 22 above;New Sanctions Committee

24. Decides to establish, in accordance with rule 28 of its provisional rules ofprocedure, a Committee of the Security Council consisting of all the members of theCouncil (herein “the Committee”), to undertake to following tasks:

(a) To monitor implementation of the measures imposed in paragraphs 9, 10,15, and 17;(b) To designate those individuals subject to the measures imposed byparagraphs 15 and to consider requests for exemptions in accordance with paragraph16 above;(c) To designate those individuals subject to the measures imposed byparagraph 17 above and to consider requests for exemptions in accordance withparagraphs 19 and 20 above;(d) To establish such guidelines as may be necessary to facilitate theimplementation of the measures imposed above;(e) To report within thirty days to the Security Council on its work for thefirst report and thereafter to report as deemed necessary by the Committee;(f) To encourage a dialogue between the Committee and interested MemberStates, in particular those in the region, including by inviting representatives of suchStates to meet with the Committee to discuss implementation of the measures;(g) To seek from all States whatever information it may consider usefulregarding the actions taken by them to implement effectively the measures imposedabove;(h) To examine and take appropriate action on information regarding allegedviolations or non-compliance with the measures contained in this resolution;

25. Calls upon all Member States to report to the Committee within 120 daysof the adoption of this resolution on the steps they have taken with a view toimplementing effectively paragraphs 9, 10, 15 and 17 above;

Humanitarian assistance

26. Calls upon all Member States, working together and acting incooperation with the Secretary General, to facilitate and support the return ofhumanitarian agencies and make available humanitarian and related assistance in theLibyan Arab Jamahiriya, and requests the States concerned to keep the SecurityCouncil regularly informed on the progress of actions undertaken pursuant to thisparagraph, and expresses its readiness to consider taking additional appropriatemeasures, as necessary, to achieve this;

Commitment to review

27. Affirms that it shall keep the Libyan authorities’ actions under continuousreview and that it shall be prepared to review the appropriateness of the measurescontained in this resolution, including the strengthening, modification, suspensionor lifting of the measures, as may be needed at any time in light of the Libyanauthorities’ compliance with relevant provisions of this resolution;

28. Decides to remain actively seized of the matter.

Annex ITravel ban1. Al-Baghdadi, Dr Abdulqader MohammedPassport number: B010574. Date of birth: 01/07/1950.Head of the Liaison Office of the Revolutionary Committees. RevolutionaryCommittees involved in violence against demonstrators.2. Dibri, Abdulqader YusefDate of birth: 1946. Place of birth: Houn, Libya.Head of Muammar Qadhafi’s personal security. Responsibility for regimesecurity. History of directing violence against dissidents.3. Dorda, Abu Zayd UmarDirector, External Security Organisation. Regime loyalist. Head of externalintelligence agency.4. Jabir, Major General Abu Bakr YunisDate of birth: 1952. Place of birth: Jalo, Libya.Defence Minister. Overall responsibility for actions of armed forces.5. Matuq, Matuq MohammedDate of birth: 1956. Place of birth: Khoms.Secretary for Utilities. Senior member of regime. Involvement withRevolutionary Committees. Past history of involvement in suppression ofdissent and violence.6. Qadhaf Al-dam, Sayyid MohammedDate of birth: 1948. Place of birth: Sirte, Libya.Cousin of Muammar Qadhafi. In the 1980s, Sayyid was involved in thedissident assassination campaign and allegedly responsible for several deathsin Europe. He is also thought to have been involved in arms procurement.7. Qadhafi, Aisha MuammarDate of birth: 1978. Place of birth: Tripoli, Libya.Daughter of Muammar Qadhafi. Closeness of association with regime.8. Qadhafi, Hannibal MuammarPassport number: B/002210. Date of birth: 20/09/1975. Place of birth: Tripoli,Libya. Son of Muammar Qadhafi. Closeness of association with regime.9. Qadhafi, Khamis MuammarDate of birth: 1978. Place of birth: Tripoli, Libya.Son of Muammar Qadhafi. Closeness of association with regime. Command ofmilitary units involved in repression of demonstrations.10. Qadhafi, Mohammed MuammarDate of birth: 1970. Place of birth: Tripoli, Libya.Son of Muammar Qadhafi. Closeness of association with regime.11. Qadhafi, Muammar Mohammed Abu MinyarDate of birth: 1942. Place of birth: Sirte, Libya.Leader of the Revolution, Supreme Commander of Armed Forces.Responsibility for ordering repression of demonstrations, human rights abuses.12. Qadhafi, MutassimDate of birth: 1976. Place of birth: Tripoli, Libya.National Security Adviser. Son of Muammar Qadhafi. Closeness of associationwith regime.13. Qadhafi, SaadiPassport number: 014797. Date of birth: 25/05/1973. Place of birth: Tripoli,Libya.Commander Special Forces. Son of Muammar Qadhafi. Closeness ofassociation with regime. Command of military units involved in repression ofdemonstrations.14. Qadhafi, Saif al-ArabDate of birth: 1982. Place of birth: Tripoli, Libya.Son of Muammar Qadhafi. Closeness of association with regime.15. Qadhafi, Saif al-IslamPassport number: B014995. Date of birth: 25/06/1972. Place of birth: Tripoli,Libya.Director, Qadhafi Foundation. Son of Muammar Qadhafi. Closeness ofassociation with regime. Inflammatory public statements encouraging violenceagainst demonstrators.16. Al-Senussi, Colonel AbdullahDate of birth: 1949. Place of birth: Sudan.Director Military Intelligence. Military Intelligence involvement insuppression of demonstrations. Past history includes suspicion of involvementin Abu Selim prison massacre. Convicted in absentia for bombing of UTAflight. Brother-in-law of Muammar Qadhafi.